General Dynamics Corporation and Subsidiaries - Page 37

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               For the taxable years under consideration, section 446(b)              
          generally outlined the methods of accounting for Federal tax                
          purposes, but it did not specifically address whether taxpayers             
          could use CCM.  Section 1.451-3, Income Tax Regs., however,                 
          specifically permitted the reporting of income and expenses from            
          long-term contracts using CCM.  Petitioner selected CCM and is              
          afforded some latitude in selecting a method of accounting.                 
          Section 1.446-1(a)(2), Income Tax Regs., provides:                          
               It is recognized that no uniform method of accounting                  
               can be prescribed for all taxpayers.  Each taxpayer                    
               shall adopt such forms and systems as are, in his                      
               judgment, best suited to his needs.  * * *                             
               Respondent does not question petitioner’s selection of CCM,            
          but determined that Contract 2034 should be severed into four               
          annualized reportable portions.  Rules governing severance and              
          aggregation of long-term contracts were promulgated by the                  
          Secretary and set forth in section 1.451-3(e)(1), Income Tax                
          Regs.10  That regulation generally provides:                                


               10  These regulations were modified pursuant to the Tax                
          Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-           
          248, 96 Stat. 324.  Sec. 229 of that Act was titled “Modification           
          of Regulations on the Completed Contract Method of Accounting”,             
          and directed the Treasury to amend the regulations governing CCM            
          to clarify, among other things, the rules governing severance and           
          aggregation of long-term contracts:                                         
                    SEC. 229(a).  In General.--The Secretary of the                   
               Treasury shall modify the income tax regulations                       
               relating to accounting for long-term contracts to--                    
                         (1)  clarify the time at which a contract is                 
                    to be considered completed,                                       
                         (2)  clarify when--                                          
                              (A)  one agreement will be treated as                   
                                                             (continued...)           



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